Doggett says delayed confirmation of Texas judges ‘long overdue’

Texas lost one ignominious distinction yesterday: The state with the highest number of emergency judicial vacancies.

After a five-month delay, the Senate voted Thursday to confirm two non-controversial presidential nominees to fill judicial vacancies in Texas, leaving California as the state least able to cope with its federal court backlog.

The state still has four judicial openings, however, including one in San Antonio.

“The confirmation of these two individuals was long overdue,” said Rep. Lloyd Doggett, D-Austin, who heads the state’s Democratic congressional delegation on judicial appointments.

“While this process took far too long and there remain too many unfilled judicial vacancies in Texas, this vote represents modest progress,” Doggett said.

Gregg Costa of Houston and David Guaderrama of El Paso were nominated by President Barack Obama in September and were approved by the Senate Judiciary Committee in December.

But the president’s recess appointment of a consumer watchdog sparked a Republican protest that blocked confirmation of judicial nominees from Texas and other states.

Costa was confirmed Thursday on a 97-2 vote. Guaderrama was confirmed on a voice vote. Both had the support of Texas Republican senators and the state’s Democratic congressional delegation.

Sen. John Cornyn, R-San Antonio, said both nominees “have impeccable credentials and a passionate commitment to upholding the law.”

Costa, an assistant U.S. attorney, was confirmed for the U.S. District Court vacancy in Galveston, and U.S. Magistrate Judge David Guaderrama of El Paso was confirmed for a U.S. District Court vacancy there.

Costa and Guaderrama were consensus recommendations to the White House for nomination.

The state still has four judicial vacancies, including one in San Antonio where the GOP senators and Democratic House members have offered separate candidates to the White House for nomination.

The senators have recommended San Antonio lawyer Robert Valdez, while congressional Democrats have recommended state District Judge Karen Pozza.

Texas also has vacancy on the New Orleans-based 5th Circuit Court of Appeals, created when Judge Fortunato “Pete” Benavides of Austin announced in February that he would take senior status.